Embed Size (px)
DESCRIPTION
George Mason School of Law. Contracts II Specific Performance F.H. Buckley [email protected]. When might damages not suffice?. When might damages not suffice?. Things of idiosyncratic value to a purchaser. When do damages not suffice?. Things of idiosyncratic value to a purchaser - PowerPoint PPT Presentation
Citation preview
When might damages not suffice?
2
When might damages not suffice?
Things of idiosyncratic value to a purchaser
3
When do damages not suffice?
Things of idiosyncratic value to a purchaser Land: Lucy v. Zehmer
4
“Tis the only thing worth fighting for, worth dying for”
When do damages not suffice?
Things of idiosyncratic value to a purchaser Heirlooms
5
The Pusey Horn
When do damages not suffice?
Things of idiosyncratic value to a purchaser Beyond that? Sedmak 880
6
1978 Corvette Pace Car
When do damages not suffice?
Things of idiosyncratic value to a purchaser Beyond that? Sedmak
Deposit paid, sale at MSRP with options After the changes, dealer to provide a
“contract”
7
When do damages not suffice?
Things of idiosyncratic value to a purchaser Beyond that? Sedmak
Was there a contract? Statute of Frauds?
8
When do damages not suffice?
Things of idiosyncratic value to a purchaser Beyond that? Sedmak
Specific Performance UCC § 2-716(1): “unique goods or in other proper
circumstances” Comment 1
9
When do damages not suffice?
Why “proper circumstances” in Sedmak? Limited production and availability
problems Rise in price?
Why not monetary damages for this?
10
When do damages not suffice?
Klein v. Pepsico 107
11
The Law School’s Gulfstream G-II“The Efficient Breach”
When do damages not suffice?
Klein v. Pepsico
12
Donald Kendall pours Nikita Krushschev a Pepsias Richard Nixon observes, 1959
When do damages not suffice?
Klein v. Pepsico Was the plane unique? What about the price increase?
13
When do damages not suffice?
Klein v. Pepsico Was the plane unique? What about the price increase?
Could money damages make the Π whole with respect to the price increase?
14
When do damages not suffice?
Klein v. Pepsico Was the plane unique? What about the price increase?
Could money damages make the Π whole with respect to the price increase?
Would they make him whole under UCC §§ 2-712, 2-715?
15
When do damages not suffice?
Klein v. Pepsico Was the plane unique? What about the price increase?
Who bears the risk of a cover? Is it solely the buyer? Does the seller have an incentive to “cover”?
16
When do damages not suffice?
Klein v. Pepsico Was the plane unique? What about the price increase?
Who bears the risk of a cover? Is it solely the buyer? Does the seller have an incentive to “cover”? Do damages systematically undercompensate?
The American rule of costs
17
When do damages not suffice?
Klein v. Pepsico Was the plane unique? What about the price increase?
Who bears the risk of a cover? Is it solely the buyer? Does the seller have an incentive to “cover”? Do damages systematically undercompensate? Does that explain why SP is sought?
Or denied?
18
When do damages not suffice?
Triple A Baseball Club 883
19
The Maine Phillies
When do damages not suffice?
Triple A Baseball Club
20
Doug Jones, 303 saves in the majors
When do damages not suffice?
Monetary Specific Performance: Bander v. Grossman 884
21
Aston Martin DB-5
When do damages not suffice?
Monetary Specific Performance: Bander v. Grossman Purchase price of $40,000 Price at breach of $60,000 Resale for $225,000 Price at trial of $80,000
22
When do damages not suffice?
Monetary Specific Performance: Bander v. Grossman Purchase price of $40,000 Price at breach of $60,000 Resale for $225,000 Price at trial of $80,000 Damages of $20,000 awarded
23
When do damages not suffice?
Marketing Contracts: Playgirl 886
24
Centerfold Winner Sen. Scott Brown (R. MA)
When do damages not suffice?
Marketing Contracts: Playgirl Is it indeed the case that “Playgirl alone and
uniquely provides an advertising audience composed of young, malleable and affluent females”?
25
When do damages not suffice?
Marketing Contracts: Playgirl Is it indeed the case that “Playgirl alone and
uniquely provides an advertising audience composed of young, malleable and affluent females”?
The Court: We think there are a lot of other magazines that cater to this market
26
When might damages suffice?
When damages are wholly compensatory, might SP overcompensate?
27
When might damages suffice?
When damages are wholly compensatory, SP might overcompensate Jacob and Youngs v. Kent: what result if SP
had been available?
28
When might damages suffice?
When damages as wholly compensatory, SP might overcompensate
Costs of judicial supervision of performance
29
When might damages suffice?
When damages as wholly compensatory, SP might overcompensate
Costs of judicial supervision of performance
Interference with liberty interests
30
When do damages not suffice?
Personal Services
http://www.youtube.com/watch?v=iXw9olWJ0Ak
31
Anita Baker
When do damages not suffice? Personal Services
No SP, no injunction Damages remedy against Warner
http://www.youtube.com/watch?v=iXw9olWJ0Ak
32
